Republic v Sharrif Wanjala Nenguruta [2018] KEHC 329 (KLR)

Facts

The complainant, Gladys Mukite Wambani, alleged that she was assaulted by Sharrif Wanjala Nenguruta at Kamasielo Market on 20/11/2012. The accused claimed he was owed money for goods taken on credit.

Issues

1. Whether the trial court erred in attributing evidence to DW.II which she had not testified during the hearing.
2. Whether the trial court erred in acquitting the accused against the weight of prosecution's evidence.
3. Whether the trial court erred in reasoning when she held that the prosecution witnesses contradicted each other.
4. Whether the trial court erred in law when she held that the defence witnesses corroborated each other.
5. Whether the trial court erred in law in not holding the defence tendered by the respondent/accused at the hearing was a mere denial.

Reasoning

The court found that the prosecution's evidence was not convincing and that there were doubts in the prosecution case. The court also found that the defence raised a doubt in the prosecution case.

Outcome

Appeal dismissed

Authorities cited